Change of contract with 3...help!

[rippedoffby3]

Hi guys, I'm looking for some help with the issues I'm currently having with 3 and my contract with them.

 

I took out an 18 month contract with 3 in August 2008. I knew that it was likely that I would be living in Australia for a year in the near future, so I had been shopping around for the best deal ie. cheap or free calls back to the UK or bundled into my contract etc.

 

3 won my custom because I was informed by a sales rep in one of their shops that the "3 Like Home" service would enable me to use my inclusive units from Australia (A 3 Like Home participating country) for no extra charge as the calls and texts would be inclusive of my contract.

 

However, a few days ago, I received a text from 3 stating: "On 30 June, 3 Like Home ends and standard international roaming rates will apply."

 

With my flight booked for only a few weeks' time, I was obviously very frustrated that 3 had chosen to suspend the service so I called 3 to ask if they could help me - make an exception and allow me to use the service/give me a fixed-cost bundle or something similar. The customer service I have received so far has been absolutely dreadful and after at least 4 hours' worth of calls to their reps and even getting managers involved, nothing has been done. I didn't want to leave 3 but they leave me with no choice as once in Australia I would be paying a monthly line rental unable to use any of the included minutes or texts and then having to pay high prices should I choose to use my phone out there. I have quoted the small print of my agreement which states that I am eligible to cancel my contract with 3 without having to pay an 'Early Termination Fee'.

 

Section 10.1 d. Of my terms and conditions states:

 

Within one month of a detrimental variation to your agreement. You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan) which is likely to be of detriment to you. You must give written notice to 3 Customer Services within that month and your agreement will finish at the end of that month once we receive your notice. (A Cancellation Fee will not be charged.)

 

I have brought this to the attention of everyone I have spoken to and have even put my demand that they cancel my contract without issuing a cancellation charge in writing, but still they insist that they will not do this. One rep told me that the discontinuation of the 3 Like Home service is not a variation to my original agreement (even though 3 Like Home went live in 2007). Now, in response to my letter, they have told me that because I have not yet used the 3 Like Home service, 3 do not consider me to have been detrimentally affected by the change.

 

I've contacted trading standards with this and they've told me I have to ask for a formal complaints procedure and follow it. When asked what their procedure was, I was told that there wasn't one and that I should write to the Customer Services address on their website (The one I've already written to).

 

Am I stupid, or would you say that the removal of a current service that I intended to use is a "variation to my agreement which is likely to be of detriment" to me?!

 

I don't know what to do next and I'm running out of time until I leave the country. I don't want to cancel the direct debit or anything like that as I'm coming back to the UK after a year and don't want to ruin my credit score!

 

If anyone has any help they can offer, please reply. Thanks a million.

 

A Very Frustrated (Soon to be ex.) 3 Customer.

[MasterSimit]

I cancelled my contract with Three today for this same very reason. It took me awhile after argueing my point, but they finally issued me my PAC code, waiving the cancellation fee.

 

Whether you've used it or not, you were intending to and now cant. Plus in the link sent with the text it blatently says due to the change we are able to cancel without charge.

 

I'd phone back and try again, bringing this to their attention.

[rippedoffby3]

I can't see the bit referring to them cancelling the contract without a fee. The link I got is http://mobile6.three.co.uk/sdf/3lhnon - is this the same?

[MasterSimit]

No, it's this one - http://mobile6.three.co.uk/sdf/3lhactive1.

 

When I read it to them though they basically said I was lying, didn't receive a text and my friend sent it to me. They even told me to prove it and go into a Three store and show it them then they'd allow me to cancel - like I'm going to do that. I then just asked to speak to a manger but for the 5th time the call disconnected due to their rubbish reception. However, when I called back the advisor I spoke to was happy to help and within no time I was 30 days away from being free from Three.

[rippedoffby3]

Thanks for replying so quickly. Looks like 3 are doing as they said they were; that last paragraph on the page they sent to you isn't on the page they sent to me.: "Finally because of the 3 Like Home change, it's only fair that we point out your right to end your contract with us, without paying an early cancellation fee."...

 

So you've obviously already used the service. I can't understand how 3 thinks it should take precedence here; my word simply isn't good enough against theirs - because they don't think it's likely I'm being detrimentally affected, they are refusing to keep their side of the bargain.

 

Well thanks anyway. At least that page clearly states that 3 does consider it fair for (some) customers to cancel citing the change to 3 Like Home as a reason. It's so frustrating.

 

I've emailed the executive office this evening, stating my case all over again and attaching proof of flight bookings and visa documents. I'll let you know how I get on.

 

Thanks a million for the heads up with that link, though. It should prove handy when arguing with them!

[rippedoffby3]

I have now emailed 3's Executive Office and received a standard reply

 

"The Executive Office deal only with Regulatory Bodies and issues raised via Board Members

For all general queries, check out our frequently asked questions at http://www.three.co.uk/personal/help_support_/index.omp"

 

3's assertion that I have not been detrimentally affected by the removal of the 3 Like Home service is wrong. I have sent proof of my travels to Australia by email and now I have received a standard response without anyone even bothering to look at my circumstances.

 

 

Does anyone have any advice as to what I should do now?

[locutus]

Making a complaint:

 

We take any complaint you might make seriously and aim to respond to within five working days. If you have a concern, please contact Customer Services on 0870 7330 333 (calls charged at your national rate) or call 333 from your handset (free) and we’ll do our very best to resolve the matter to your satisfaction.

 

 

Taking a complaint further:

 

In the unlikely event that we don't fully resolve your complaint or haven't responded to you in 12 weeks, you can contact Otelo for help and advice. Otelo is the telecommunications ombudsman– that is to say, it's an independent body that's been approved by Ofcom to resolve disputes between customers and providers.

Otelo may refer the compliant back to us if we haven't been given sufficient opportunity to resolve the matter or the complaint falls outside of the body’s remit. If Otelo accepts a case for investigation, like all providers we agree to be bound by the decision it makes.

You can write, send an email or call Otelo.

 

 

Otelo

PO Box 730

WARRINGTON

WA4 6WU

 

Email: [email protected]

Tel: 0845 050 1614

 

 

Hope that helps

[locutus]

Another useful link is :-

http://www.otelo.org.uk/downloads/Ofcom_-_How_to_Complain.pdf

Edited May 22, 2009 by locutus

[locutus]

All telecom providers must subscribe to an independent arbratration service, and they are bound by their descision on complaints. (plus it costs the mobile company to actually have the complaint logged against them LOL)

Edited May 22, 2009 by locutus

[stroke a badger]

My wife and I canceled our contracts with 3 for the very same reason. We have both used the 3 Like Home service (November 2008 while in Hong Kong) and would have used it during our stay in Oz so the removal of the service is to our financial determent.

 

It took a while (about 1hr each time) but if you politely decline their generous offers of £20 credit or an early upgrade (subject to an 18 month extension to your contract) they get bored and eventually process your request, in fact it only took 15 minutes for my PAC to come thou.

 

So now it's a difficult decision. PAYG or contract..........

[nino]

Just cancelled with 3 !!!

Their story was: because customers in the 3 like home partecipating countries were being hijacked by other providers (in other words the 3 service in those countries is ....crxxxp!) there were too many complaints of customers receiving bills for calls made whilst there...

So 3 have decided to remove this facilities and give its customers a ...better deal by introducing a charge per minute but in many more other countries around the world. Great!

Time spent on the phone : 45 minutes. I mentioned that I am a member of the consumer action group , btw.

It may have made no difference, but why not ; it sounded good .

Regards

[rippedoffby3]

To everyone that has helped me:

 

I've done it!

 

on Friday, I made a call to 3 Customer Services and insisted on being put through to their 'Customer Options Department' - told the rep I had been waiting for a call back from 3 for the past 6 days and wanted to know why etc. I had tried calm customer, angry customer, legally minded customer, upset customer - the list goes on... This time, I was an angry customer and insisted upon talking to a manager. Eventually after at least 40 minutes, I was told my request to cancel my contract without incurring an early termination fee (ETF) had already been accepted.

 

My guess is they saw the notes on my account and realised I wasn't going to let it go. After all, it is MY money and they are not going to honour the original terms of my agreement with them.

 

I leave for Australia tomorrow so I've managed to do it just in time.

 

THANK YOU to everyone for helping me. Your advice has been invaluable.

To anyone else treated unfairly by 3 with the same or similar problems, please please persevere; you'll get there in the end!

 

Sean

[buzby]

After all, it is MY money and they are not going to honour the original terms of my agreement with them.

 

Glad you got it sorted to your satisfaction. However - WHERE was there an issue regarding 'honouring the 'original terms' of your agreement? Tariff issues don't form any part of the agreement, and it is a mistake to imply that they do. Pester power (where it is cheaper for them to roll over and accede, that continually respond to aggrieved consumers - whether justified or not, can always play a useful part.

 

A service contract does not set in stone the amount of money you are required to pay.... ask those who found late payment surcharges, non-DD hikes, and with Virgin.... charging for receiving a bill from them. All perfectly legal, and not mentioned in any 'original terms'. Therefore, = no breach.

[rippedoffby3]

I don't have the smallprint on me but it does, in fact, state that I can choose to end the agreement should a change be made to my agreement which is likely to detrimentally affect me. I believe it said something like "Any change (including price plans)" so I was entitled to end the agreement. Their smallprint is available on their website.

[buzby]

That's what I meant - the Monthly Rate agreed. The 3LH wasn't a tariff, but a bolt-on, and therefore excluded. This was why they went so far as to late last year highlighting that it could be qithdrawn at any time. The price plans aren't withdrawn, they usuallly just become unavailable to new customers. (Like 3UK's "Three 2 Go" tariff that I enjoy....)